JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Monday, March 09, 2009

Rights group says Israel West Bank mining violates international law
Steve Czajkowski at 4:08 PM ET

[JURIST] Israeli rights group Yesh Din [advocacy website, in Hebrew] filed a petition [text, PDF; press release] in the Supreme Court of Israel [official website] Monday, accusing the State of Israel of violating international law based on the mining operations it conducts within the West Bank. According to the complaint, the mining removes 12 million tons of stone and gravel each year from the West Bank, 9 million tons of which are used for the economic benefit of the State of Israel [AP report] and private Israeli companies. The group referred to many different international treaties, including provisions of the Geneva Conventions [ICRC materials], and general principles of international law in setting out its assertion of illegality:

The rules of occupation constitute a regime of temporary trust which necessitates that, among other things, any long-term alteration made in the occupied territory, inasmuch as it is permissible, shall benefit the local population (which is the population of protected civilians). Another, negative aspect of the trustee's duty are rules that ban the occupying power from exploiting the territories under its domain for its own needs, except for (with certain restrictions) its security needs.

Unlike in the case of the permissibility of mining for natural resources in an occupied territory as a rule, in this matter -- quarrying for natural resources for the benefit of the occupying power -- the scholars are not disputed at all. It is agreed by all of them that not only is this a violation of the international laws of occupation, but many of them even believe that under certain circumstances, this constitutes the war crime of pillage...the occupant does not have the right to use property or to other rights he manages in the occupied territories for purposes other than maintaining public order and safety in the occupied territory.
Israel has denied any violations, and said that the mining is carried out according to agreements with Palestinians [BBC report].

Israel has been strongly criticized by the international community over its settlement and land appropriation activities, particularly in the West Bank. In November, Switzerland condemned Israeli destruction of Palestinian homes [JURIST report] in East Jerusalem as a violation of international humanitarian law. In September, Israeli human rights group B'Tselem [advocacy website] reported that Israeli security policies have resulted in Palestinians being prevented from accessing land [JURIST report] adjacent to settlements in the West Bank. In July, Yesh Din highlighted the lack of investigations and prosecutions [JURIST report] of Israeli settlers in the Occupied Territories who commit crimes against Palestinians. In June, UN Secretary-General Ban Ki-moon [official profile] said that Israeli plans to expand settlements [Ha'aretz report] in the West Bank violate international law [JURIST report].





Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 Senate Judiciary Committee approves immigration reform bill
12:45 PM ET, May 22

 Zimbabwe president signs new constitution into law
11:09 AM ET, May 22

 Ninth Circuit strikes down Arizona 20-week abortion ban
9:47 AM ET, May 22

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

The War on Terror and the Need for Muslim Support
DOMESTIC
Faisal Kutty
Valparaiso University Law School

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org